Writ involving Private Complaint Under Section 420/468/471 PPC and application for staying of proceedings in a Complaint case

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IN THE COURT OF HON’BLE JUDICIAL MAGISTRATE/CIVIL JUDGE, ISLAMABAD

Crl.Misc. Application No……(deleted

Private Complaint Under Section 420/468/471 PPC

Application for staying of proceedings in Complaint case

……………………..

Respectfully Sheweth:-

1. The above-captioned proceedings are pending adjudication in the hon’able Court and today i.e. (deleted) is the date of hearing.

2. The respondent was tenant of the applicant at (deleted) , Islamabad and borrowed huge sums of money for investing in his different projects which ended up in fiasco. When the applicant demanded his money back, twelve cheques for clearance of loan were handed over to the applicant. All such cheques invariably were dishonoured. Consequently, the applicant had filed suit (deleted) which was decreed and RFA (deleted) against the same was also dismissed in favour of the applicant by the hon’able Islamabad High Court on(deleted). CPLA and CRP filed by the respondent were not entertained by the August Court of Pakistan. The second suit (deleted) under Order 37 CPC based on five dishonoured cheques was decreed by the learned ADJ and RFA of the respondent is pending adjudication in the hon’able Islamabad High Court.

3. The present proceedings arise out of the 12^th cheque in the same numerical series which were handed over to the applicant by the respondent for settlement of his liability.

4. The petitioner on (deleted) filed a Civil Suit No. (deleted) under Order 37 CPC for recovery of (deleted) – on account of dishonouring of cheque against the respondent-complainant.

5. As a counter-blast and in order to harass and bring the applicant on negotiable table, the respondent on (deleted) filed an application with the local police for registration of FIR, which was declined. The plea was that the subject cheque was issued for Rs. (deleted) /- and through forgery the applicant had made it to Rs. (deleted) /-

6. As of Date, (deleted): The complainant-respondent filed an Application before the learned Sessions Judge, Islamabad under Section 22-A Cr. P.C seeking direction for registration of FIR by the local police which application was dismissed vide order dated (deleted)

7. The respondent/complainant filed a P. (deleted) before the hon’able Lahore High Court, Rawalpindi Bench- seeking direction for registration of FIR against the applicant and the same was dismissed as withdrawn for availing of an alternative remedy in the form of a private complaint.

8. 23-02-2005: A private complaint was filed after institution of Civil Suit No.4 of 2004 titled: “(deleted)” before the District Judge, Islamabad.

9. 13-06-2005: When the complaint came up for preliminary hearing, the hon’able Court seized with the matter, without issuing any process for summoning of the applicant adjourned it sine die.

10. 09-04-2011:-The suit under Order 37 CPC was dismissed by the learned District Judge, Islamabad, against which the applicant has preferred RFA in the hon’able Islamabad High Court which is pending adjudication.

11. 15-06-2011: An application for summoning of complaint file was filed by the respondent-complainant.

12. 13-02-2012: The hon’able Court observed that prima facie case under section 420/467/471 PPC was made out, and attendance of the applicant/accused was sought through non-able warrants.

13. 23-02-2012: The applicant was arrested vide non-bailable warrants issued by this hon’able Court. The criminal proceedings are liable to stayed on the following amongst other:

GROUNDS

1. There is no cavil with the proposition and that civil and criminal proceedings can run side by side but in some appropriate cases the controversy, raised in the criminal matter[FIR/complaint] and in the civil proceedings, rests upon determination of title or genuineness of a document, and then in that event/situation the higher Courts of the land have stayed the criminal proceedings till the resolution of controversy through the civil proceedings. The case in hand definitely comes within the preview of that category.
2. In 2005 , the private complaint was filed after the institution of Civil Suit No.4 of 2004 titled: “(deleted)”. When the complaint came up for preliminary hearing, the hon’able Court seized with the matter, adjourned it sine die vide order dated 13-06-2005. The basis of the said sine die adjournment was the pendency of the Suit under Order 37 CPC filed by the applicant for recovery of Rs.25,00,000/- on account of one of the cheques given by the respondent. The hon’able Court observed that controversy between the parties as to whether the cheque was given for Rs.500,000/- by the respondent-complainant or the applicant/accused converted it into Rs.25,00,000/-was going to be decided by the District Judge, Islamabad, and it was considered appropriate to wait decision of the civil matter. The suit under Order 37 CPC was dismissed by the learned District Judge, Islamabad vide judgement dated 09-04-2011, against which the applicant has preferred RFA in the hon’able Islamabad high Court which is pending adjudication. Thus same situation has arisen again.
3. There is likelihood of contrary judgements of civil and criminal courts, if proceedings are continued for adjudication side by side or simultaneously. Thus to eliminate the possibility of such likelihood, the proceedings before this hon’able Court are required to be stayed till decision in the civil matter by the High Court.
4. Staying of criminal proceedings until the conclusion of civil litigation between the parties, is correct rule enunciated by the higher Courts of the land. Reliance is placed on: 1982 SCMR 988; PLJ 1992 SC 420; PLD 2012 Lahore 150.
5. No one is going to be prejudiced if the present proceedings are stayed, rather the same would advance the cause of justice.

It is, therefore, most respectfully prayed that instant criminal proceedings may graciously be stayed until the conclusion of civil litigation between the parties.

Petitioner

Through Counsel

Certificate:

As per information this is first application on the subject.